bielby, wakeling AND hughes jja

14.4: Right to appeal

Case Summary

The Applicant had been banned by the City of Edmonton (the “City”) from using the City’s recreation centres, outdoor pools and arenas for a period of two years. Upon Judicial Review, the ban was vacated, as it was determined to be unreasonable on the record provided to the Court, and the matter remitted back to the City for reconsideration. Notwithstanding the Applicant’s success upon Judicial Review, the Applicant brought an Appeal.

On Appeal, the Appellant did not take issue with the form of Order arising out of Judicial Review, but had concerns with the reasons of the Chambers Judge. The Court of Appeal dismissed the Appeal, noting that Rule 14.4(1) allows a party to appeal only features of an Order or Judgment. In the absence of a statutory provision to the contrary, a party cannot Appeal reasoning of the Chambers Judge.

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